Michigan’s Bold Legal Move: AG Targets Oil Giants Over Climate Issues

Oil pumps operating at sunset in a desert.

Michigan Attorney General Dana Nessel is gearing up for a major legal battle against oil companies, accusing them of climate-related damages.

At a Glance

AG Nessel seeks to sue fossil fuel companies for climate change impacts on Michigan
Private law firms will be hired on a contingency fee basis to prosecute the case
Lawsuit aims to hold oil companies accountable and recoup costs for the state
Michigan would join eight other states in pursuing similar climate litigation
Critics argue the lawsuit is politically motivated and potentially harmful to the economy

Nessel’s Climate Lawsuit Initiative

Michigan Attorney General Dana Nessel is preparing to launch a significant legal action against major oil companies, alleging their responsibility for climate-related damages in the state. Nessel’s office has issued a request for proposals from private law firms to prosecute the fossil fuel industry for climate change-related weather events affecting Michigan.

The attorney general claims that climate change is negatively impacting various aspects of Michigan’s economy and way of life, including ski seasons in the Upper Peninsula, the Holland Tulip Time Festival, and the state’s agribusiness sector. This lawsuit aims to hold the fossil fuel industry accountable and recover costs for Michigan.

Legal Strategy and Partnerships

Nessel’s office has agreements with three law firms, including the San Francisco-based Sher Edling, which has been involved in similar climate lawsuits across the country. These private law firms will be compensated on a contingency fee basis, meaning they will only receive payment if the lawsuit is successful.

If filed, Michigan would join over two dozen other jurisdictions pursuing climate change litigation against major oil companies. The lawsuit may include utilities and related industries but notably excludes automakers like Ford and General Motors.

@MIAttyGen @dananessel announced the DAG will be seeking proposals from attorneys & law firms for Special Assistant Attorneys General to pursue litigation related to the climate change impacts caused by the fossil fuel industry on behalf of the State. ➡️ https://t.co/RutpNT8Amq pic.twitter.com/qcu7NfKgHQ

— Michigan Attorney General Dana Nessel (@MIAttyGen) May 9, 2024

Potential Implications and Controversy

The potential lawsuit has sparked debate about its implications for Michigan’s economy and the broader energy sector. Critics, including the Michigan GOP, argue that the legal action is politically motivated and could harm the state’s economic interests. Supporters, however, view it as a necessary step to address climate change and hold corporations accountable.

“Big Oil knew decades ago that their products would cause catastrophic climate change, but instead of doing the right thing they lied about it,” said CCI President Richard Wiles. “The people of Michigan deserve their day in court to make these companies pay for the massive harm they knowingly caused.”

If successful, the lawsuit could result in settlements similar to the 1998 tobacco settlement, providing ongoing payments to the state. However, some critics argue that such litigation is unlikely to provide significant compensation to those allegedly harmed by climate change and may instead primarily benefit private attorneys and investment bankers.

National Context

Michigan’s lawsuit would make Nessel the 10th attorney general in the United States to take legal action against oil companies for alleged climate misinformation. Other states involved in similar lawsuits include California, Connecticut, Delaware, Massachusetts, Minnesota, New Jersey, Rhode Island, Vermont, and the District of Columbia.

The outcome of this legal approach could have significant repercussions for Michigan’s economic sectors, especially those with substantial carbon output. As the case develops, it will likely continue to draw attention from both environmental advocates and industry representatives, shaping the ongoing debate about climate change accountability and energy policy in the United States.